Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Mark Duggan shooting: family settle high court claim against Met – The Guardian

‘The family of Mark Duggan, whose killing sparked civil unrest across England in 2011, have settled a high court claim against the Metropolitan police.’

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The Guardian, 10th October 2019

Source: www.theguardian.com

Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures

‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

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UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

Legal advice privilege “survives” company’s dissolution – Legal Futures

‘Legal advice privilege (LAP) attaching to communications between a company and its lawyers survives the dissolution of the company, even if the Crown has disclaimed all interest in its former property, the Court of Appeal has ruled.’

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Legal Futures, 7th October 2019

Source: www.legalfutures.co.uk

Google ‘tracking iPhone users’ case goes ahead – BBC News

‘Legal action brought against Google for allegedly tracking the personal data of four million iPhone users can go ahead in the UK, three judges have ruled.’

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BBC News, 2nd October 2019

Source: www.bbc.co.uk

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

The recoverability of inquest costs in civil actions – UK Police Law Blog

‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’

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UK Police Law Blog, 14th September 2019

Source: ukpolicelawblog.com

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970 QB – Zenith PI

Posted September 6th, 2019 in assault, costs, damages, false imprisonment, harassment, news, part 36 offers, police by sally

‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’

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Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Hogan Lovells partner rebuked over pregnancy discrimination – Legal Futures

‘A senior finance partner at City giant Hogan Lovells has been rebuked by the Solicitors Regulation Authority (SRA) after a tribunal found that he discriminated against his children’s pregnant nanny.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Offer to settle for no damages was valid under part 36 – Litigation Futures

‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’

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Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in costs, damages, malicious prosecution, news, solicitors by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

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Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Court proceedings pack change “renders portal offer void” – Litigation Futures

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

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The Independent, 6th August 2019

Source: www.independent.co.uk

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by sally

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Three men awarded £414,000 for malicious prosecution by police – The Guardian

‘Three men who were charged with the murder of a private investigator have been awarded a total of £414,000 damages after winning a malicious prosecution action against the Metropolitan police.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

MPs call for QOCS to cover discrimination cases – Litigation Futures

Posted July 30th, 2019 in costs, damages, enforcement, equality, news, select committees by sally

‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’

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Litigation Futures, 30th July 2019

Source: www.litigationfutures.com

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

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Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk